Case Handled by The Derek Smith Law Group Attorney Derek Smith
Supreme Court of the State of New York, Appellate Division – First Department
The Derek Smith Law Group secured a $1.6 million jury verdict on behalf of a chef who was subjected to religious coercion and sexual orientation-based discrimination by her employer, the principal of Gloria’s Tribeca Inc. and Gloria’s Tribecamex Inc., operators of the Mary Ann’s restaurant chain in New York.
The case was tried in New York and upheld by the Appellate Division, First Department, which affirmed the jury’s findings under the New York City Human Rights Law.
Case Summary
A chef and manager at the restaurant, was forced to endure ongoing religious coercion and anti-LGBTQ+ discrimination while employed by the restaurant’s principal owner. According to trial testimony, the employer held weekly prayer meetings behind locked doors that lasted two hours and were perceived by staff as mandatory, due to fear of job loss.
During these meetings, the employer repeatedly stated that homosexuality is a sin and that “gay people” were “going to go to hell.” The Plaintiff also testified that she was pressured to dress more effeminately, marry a man, and have children to conform to the employer’s religious expectations.
She brought a lawsuit under the New York City Human Rights Law, and the jury awarded:
- $400,000 in compensatory damages
- $1.2 million in punitive damages
The employer argued that his conduct was protected under the First Amendment, but the Appellate Division rejected that defense. The court held that while individuals have the right to religious expression, it “does not permit discrimination against employees based on religion or sexual orientation.”
Legal Significance
The Appellate Division, First Department, upheld the jury verdict and wrote:
“Plaintiff’s employer… discriminated against her based on her religion and sexual orientation by, amongst other things, holding weekly prayer meetings… repeatedly stating that homosexuality is ‘a sin,’ and that ‘gay people’ were ‘going to go to hell’ and generally subjecting her to an incessant barrage of offensive anti-homosexual invective.”
The court also found that the plaintiff was retaliated against for:
- Objecting to offensive comments
- Refusing to attend prayer meetings
- Declining to fire another employee because of their sexual orientation
The court held that she was constructively discharged as a result of this retaliation.
Contact The Derek Smith Law Group
If you have been discriminated against at work because of your sexual orientation, religion, or beliefs, The Derek Smith Law Group is ready to fight for your rights. Our attorneys have secured millions in verdicts and settlements across New York, California, Pennsylvania, Florida, and Washington, D.C.
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